Litigation

Civil Litigation is available in our Fayetteville location (NC) | For creditors' rights clients requiring civil litigation, this services is also available in Charlotte and Columbia.

This is it. The lawsuit in front of a judge. Going head-to-head with opposing counsel. You need an experienced, dedicated team of trial attorneys to represent your case in court. Someone who knows the ropes, knows the players, and knows the rules.

That's the High Performance Law™ team at Hutchens Law Firm.

It's Personal.

It is a very humbling experience. And it’s more than humbling – it’s very gratifying when your friends come to you in good times and bad, when they need legal help. We take it personally, because our clients do, too.

H. Terry Hutchens | Managing Partner

Litigation can arise from any issue and is the ultimate legal escalation in a dispute.

It can be applicable anytime you have a dispute or claim stemming from a business transaction, personal injury, credit or debt issue, real estate transaction, or any issue in which you’ve suffered physical or financial damages.

Despite the best efforts, sometimes conflicts reach an absolute impasse and litigation is the only recourse. When that happens we stand ready to fight for you. Our experienced team is with you in every step of the process through the trial. Whether you are filing a complaint against an individual or company that you believe has harmed you, or are named as a defendant in someone else’s complaint against you, we will pursue and protect or defend your interests with the full force and vigor of the law.

When credit default disputes become intractable, you may be forced to file or defend a lawsuit. Successful litigation demands a solid foundation through knowledge of default, banking, and regulatory law; the intricate procedures of trial practice, from motions to appeals; and the firm resolve and confidence that can only come with experience. Examples of issues that can arise in mortgage litigation include Foreclosure Challenges, Mortgage Lien Litigation, REO Litigation, and Eminent Domain Challenges.

We can represent you in all areas of civil, business, and commercial law in state and federal court as well as in North Carolina's three bankruptcy court districts and the bankruptcy district for the State of South Carolina. (NOTE: For bankruptcy, we represent lenders and mortgage companies, not those claiming bankruptcy).

Before disputes escalate to the contentious battle of courtroom litigation, parties are encouraged to try to settle disputes through mediation. All civil cases filed in Superior Court in North Carolina are required to go through a mediated settlement conference with a certified mediator.

What is mediation?
Mediation is a careful negotiation between disputing parties with a neutral 3rd party mediator who acts as a referee to bring them together in a fair and impartial way. The benefit of mediation is that it’s a mutually acceptable resolution as opposed to litigation that can result in an all-or-nothing outcome for only one side.

Led by attorney Bill Senter who has over 35 years of experience, our HIGH PERFORMANCE LAW™ team is well versed and experienced with the skills of building bridges between parties and negotiating deals to diplomatically open up and facilitate dialogue and base your bargaining position on a solid foundation.

Mediation offers you more control, confidentiality and less cost. Because a judge or jury is not making the decision, mediation is more likely to result in a solution that is mutually acceptable to the parties involved as opposed to an enforced judgment. As a private and confidential process, mediation occurs "off the record" and if mediation does not resolve the problem and the parties go to trial, nothing said during the mediation process can be used at trial. This way, both parties can negotiate freely and openly. It's often more affordable than the litigation process. This is because as a direct negotiation, mediation can achieve resolution in a shorter amount of time, without the time and effort the complex litigation process requires.